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SPOKANE ARCADES, INC. v. RAY

No. C 77-353.

449 F.Supp. 1145 (1978)

SPOKANE ARCADES, INC., a Washington Corporation, Plaintiff, v. The Honorable Dixie Lee RAY, as Governor of the State of Washington in her representative capacity only, the Honorable Bruce K. Chapman, Secretary of State of Washington in his representative capacity only, the Honorable Slade Gorton, as Attorney General of the State of Washington in his representative capacity only, and Donald C. Brockett, Spokane County Prosecuting Attorney in his representative capacity only, Defendants.

United States District Court, E. D. Washington.

February 6, 1978.

Attorney(s) appearing for the Case

Robert Eugene Smith, Atlanta, Ga., Jack R. Burns, Hubbard & Burns, P. S., Kirkland, Wash., for plaintiff.

Leland T. Johnson, Jr., Asst. Atty. Gen., Slade Gorton, Atty. Gen., Olympia, Wash., Donald C. Brockett, Spokane County Pros. Atty., Spokane, Wash., for defendants.

OPINION

FITZGERALD, District Judge.

The State of Washington, by initiative,1 has adopted a broad and comprehensive law dealing with obscenity.

Under Initiative 335, certain places are declared to be "moral nuisances" and, as such, injurious to public morals. Section 2 of the initiative lists the types of places which constitute a moral nuisance. Among the establishments listed are theatres which exhibit "lewd films" and...

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